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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2643
Experience:  Litigation Attorney
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I signed a 2 year lease 10/1/15. Upon looking at the house

Customer Question

I signed a 2 year lease 10/1/15. Upon looking at the house w/the landlord prior to signing, my fiancé asked about the beatiful field behind the house and if it were going to remain that way. The landlord stated has been known since 1989 when he built the home we are renting, that the field out back had irrigation issues & would remain a prairie/or field.
After returning from out of town Thanksgiving 2015 to the rental residence the field was dirt and there were stakes with orange flags everywhere in the 5 acre lot.
We contacted our neighbors to find out what was going on and they told us a neighborhood was going in & all the owners had known about it for a long time including our landlord.
Because of the mild winter, we have had bulldozers, cranes, large equipment driving back and forth all day everyday for months starting at 7:00am-4,5,6 pm. Today is Saturday which we were told this was a Monday-friday situation. We have an in ground pool which is the reason we chose the house. Today we had a party planned for my moms birthday and had to cancel due to the machinery loudness, the stirring of dirt and the dust blowing, the big mounds of dirt ect. We try and spend as much time away from the noise and dirt through the week but now- 75 degrees and Saturday, pool open, we are at this point UPSET! Especially, finding out the landlord knew this was going to go on and lied. Now we understand him needing a 2 year lease. Please let us know our options as far as deposit, damages ect... Thank You SO much MD.F
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 6 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Unfortunately even if your landlord lied regarding the upcoming construction. You have no damages for outside construction occurring. Legally noisy occurrences outside are not grounds for termination of your lease or any types of damages. Tenants live outside of airports, around freeways, live in construction zones and there is nothing that can be done. Your landlord was inappropriate and should not have lied to you but as long as the lease does not provide for a remedy for any type of specific construction in this field, then you have no cause of action. When an agreement is signed, a court is prohibited from hearing outside information not included in the actual contract. The best you can hope for is to negotiate with the landlord and ask for a reduction of rent even though you have no legal recourse against the landlord. You can threaten to bring suit and cause problems and cost him money and basically try to bluff your way into some reduction of rent. This is the best you can hope for unless the lease gives you any type of recourse. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site
Expert:  Christopher B, Esq replied 6 months ago.
Just checking back in, do you have any further questions?

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